[Adopted 1-5-1965 by Ord. No. 31; amended in its entirety 11-20-2007 by L.L. No.
36-2007 (Ch. 62 of the 1976 Code)]
It is hereby declared to be the policy of the Town of Riverhead
to promote the health, safety and welfare of the residents of the
Town of Riverhead by preventing improper excavation and/or exportation
and/or importation of material as defined in this article which would
create undesirable conditions or environmental harm to properties
and resources within the Town. In addition, it is the policy of the
Town of Riverhead to protect the Town's highways and roadways from
damage caused by the transportation of large volumes of material over
those highways and roadways when such material is legally excavated,
exported or imported to or from sites within the Town.
As used in this article, the following terms shall have the
meanings hereinafter designated:
EXCAVATION
The extraction, removal or stripping of material from the
ground or the breaking of the surface soil in order to facilitate
or accomplish the removal, extraction or stripping of material.
EXPORTATION
The act of causing materials as defined in this article to
be removed from a parcel of real property located within the Town
of Riverhead and transported to another parcel of real property located
either inside or outside of the Town of Riverhead.
GRADE
The degree of rise or descent of a sloping surface.
[Added 7-16-2013 by L.L.
No. 10-2013]
IMPORTATION
The act of causing materials as defined in this article to
be brought to a parcel of real property located within the Town of
Riverhead, which materials originated from another parcel of real
property located either inside or outside of the Town of Riverhead.
MATERIAL
Topsoil, loam, earth, sand, gravel, and other material such
as wood, stumps, or timber in its natural or reprocessed state.
[Amended 7-16-2013 by L.L. No. 10-2013]
NATURAL DRAINAGE
The stormwater runoff resulting from topographical and geographical
conditions prior to changing the grade by any method, including but
not limited to exportation, importation or grading of the land or
portion thereof.
[Added 7-16-2013 by L.L.
No. 10-2013]
NATURAL GRADE
The elevation of the ground surface in its natural state
before alteration.
[Added 7-16-2013 by L.L.
No. 10-2013]
NATURAL WATERSHED
An area of land which, in its natural state and prior to
any change, including but not limited to exportation, importation
or grading, and due to its topography and geography, drains to a particular
location within that area.
[Added 7-16-2013 by L.L.
No. 10-2013]
SAFE ANGLE OF REPOSE
The final angle of a slope as determined by combining the
natural angle of repose of the material of the slope with a planting
of vegetation having a proper root growth to protect such slope.
[Amended 11-17-2009 by L.L. No. 61-2009; 7-16-2013 by L.L. No. 10-2013]
A. The following
uses and operations by an owner or lessee of premises or by his agent
are exempt from the provisions of this article:
(1) An owner or lessee engaged in agricultural production, as defined in Article 25-AA of the Agriculture and Markets Law and §
301-3 of the Town Code, on lands which qualify for an agricultural assessment, pursuant to Article 25-AA of the Agriculture and Markets Law, seeking to remove soil, provided that the removal of soil 1) shall be limited to that amount of material necessary to plant or harvest crops; and 2) shall not change the natural grade or slope and/or natural drainage existing on the subject property prior to the above-described activity. As provisions set forth in Chapter
201 and Chapter
301 of the Town Code make clear that preservation of prime agricultural soils is an important goal of the Town of Riverhead and removal of soils may threaten the long-term agricultural viability of the land, except as set forth above, the exportation of material will not be exempt from the provisions of this article.
(2) An owner or lessee engaged in agricultural production, as defined in Article 25-AA of the Agriculture and Markets Law and §
301-3 of the Town Code, on lands which qualify for an agricultural assessment, pursuant to Article 25-AA of the Agriculture and Markets Law, seeking to import material shall be exempt from this article, provided that:
(a) The importation of material shall be limited to that amount of material
necessary to plant or condition/fertilize so as to enrich soils and
restore the opportunity for improved plant growth;
(b) The importation of material shall not change the natural grade or
slope and/or natural drainage existing on the subject property prior
to the above-described activity;
(c) Material imported shall not exceed 3,000 cubic yards per year;
(d) The importation shall be limited to material defined as "organic
material" pursuant to NYS DEC Regulations Part 360(3);
(e) The material shall be ground to a size less than six inches in length
by two inches in width or chipped to a size of two inches;
(f) The material shall not include material containing wood creosote,
coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles;
and
(g) The material shall not be offered for sale but instead must be used
on site.
(3) An
owner or lessee of improved residential property seeking to import
material shall be exempt from this article, provided that:
(a) The importation of material shall be limited to that amount of material
necessary to plant or condition/fertilize lawn and planting;
(b) The importation of material shall not change the grade or slope such
that the natural drainage existing on the subject property prior to
the above-described activity is altered;
(c) Material imported shall not exceed 1,000 cubic yards per year;
(d) The importation shall be limited to material defined as "organic
material" pursuant to NYS DEC Regulations Part 360(3);
(e) The material shall be ground to a size less than three inches in
length by two inches in width or chipped to a size of two inches;
(f) The material shall not include material containing wood creosote,
coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles;
and
(g) The material shall not be offered for sale but instead must be used
and incorporated into the lawn or planting areas.
B. The following
uses and operations by an owner or lessee of premises or by his agent
qualify for an exemption from the provisions of this article such
that an applicant may obtain a certificate of exemption from the Town
Board:
(1) An
applicant may qualify for a certificate of exemption for excavation
by dredging operations within existing navigable waters upon demonstration
of approval by appropriate town, county, state or federal agencies
or departments.
(2) Importation
of materials.
(a) An applicant may qualify for a certificate for exemption for importation of materials as defined in this article, provided that such importation is necessary for the purpose of operating, maintaining, or establishing an agricultural operation as defined in §
301-3 and subject to the following conditions:
[1] An owner or lessee is engaged in agricultural production, as defined in Article 25-AA of the Agriculture and Markets Law and §
301-3 of the Town Code, on lands which qualify for an agricultural assessment pursuant to Article 25-AA of the Agriculture and Markets Law;
[2] The importation of material shall not change the grade or slope such
that the natural drainage existing on the subject property prior to
the above-described activity is altered;
[3] The importation of material shall be limited to that amount of material
necessary to plant or condition/fertilize so as to enrich soils and
restore the opportunity for improved plant growth;
[4] Material shall not exceed 10,000 cubic yards per year;
[5] The importation shall be limited to material defined as "organic
material" pursuant to NYS DEC Regulations Part 360;
[6] The material shall be ground to a size less than six inches in length
by two inches in width or chipped to a size of two inches;
[7] The material shall not include material containing wood creosote,
coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles;
[8] A detailed statement of the proposed work and three-dimensional extent
of the proposed importation and exact condition of the plot or premises
before the work proposed to be accomplished under the requested permit
is commenced and the proposed condition of said plot or premises when
the work is completed;
[9] A detailed statement from NYS Agriculture and Markets, Suffolk County
Soil Conservation or NRCS; and
[10] The material, in its natural or reprocessed state, shall not be offered
for sale but instead must be used on site.
(b) Note, as set forth in Subsection
A(1), preservation of prime agricultural soils is an important goal of the Town of Riverhead and removal of soils may threaten the long-term agricultural viability of the land, and the exportation of material will not be eligible for a certificate of exemption.
C. The following
uses and operations by an owner or lessee of premises or by his agent
qualify for an exemption from the provisions of this article such
that an applicant may obtain a certificate of exemption from the Building
Administrator:
(1) An applicant may qualify for a certificate of exemption for importation, excavation or exportation of material as defined in this article when such importation, excavation or exportation is necessary for the construction of a single-family residence and accessory uses related to single-family residences subject to an applicant obtaining permit approval, pursuant to Chapter
217, Parts 1 and 2, from the Building Department for such residence or accessory uses, upon submission of a copy of the building permit and survey indicating the amount of material imported, excavated or exported required for said construction.
(2) An
applicant may qualify for a certificate of exemption for the excavation
or exportation of material, as defined in this article, for soil borings,
provided that the material excavated or exported is limited to the
amount required to obtain the boring sample.
The Town Board may deny any application for a permit hereunder
if it shall find that the proposed excavation, exportation or importation
will violate any of the provisions of this article, and either the
Town Board or the Building Inspector may revoke or suspend any permit
issued hereunder if it shall find that the excavation, exportation
or importation of material as defined in this article thereunder violates
any of such provisions.
No excavation, exportation or importation of material as defined
in this article shall be made within 10 feet of any property line,
and upon completion of the work, the premises, if below grade, shall
be graded to the level of the abutting highway or the original grade
if the same was below the level of the highway. Dust-down or its equal
shall be spread to prevent dust from flying, and there shall be left
upon the surface of the land from which material was excavated, exported
or imported not less than six inches of topsoil.
[Added 11-4-2015 by L.L.
No. 21-2015]
It shall be unlawful for any person or business entity to leave,
cause, permit and/or maintain an open excavation or pile of fill or
other material, in connection with the removal of trees or other vegetation,
or the installation, repair or maintenance of drainage structures,
sewage systems, utility work, foundation or other below-grade construction,
in an unsecured, or dangerous, or hazardous condition or place. Such
excavation or pile shall be effectively and properly fenced, shored
or barricaded to prevent the creation and/or maintenance of an unsafe
or hazardous condition while work is being performed, and such conditions
shall be remedied as soon as practicable as the work is completed.
The Town Board or its designee shall charge and collect the following fees for excavation, exportation or importation pursuant to approved site plans, grading plans and realty subdivisions as required by Chapter
301, Zoning and Land Development. The officer designated by the Town Board to issue such permits shall charge and collect for each such permit a fee as follows. All fees are due and owing and shall be paid at the time of issuance of the permit. Premises that qualify for one or more of the delineated exemptions in §
229-4 shall not be assessed any fees pursuant to this section.
A. For residential, commercial and industrial subdivision, site plans
or grading plans, a fee shall be imposed in the amount of $2 per cubic
yard for all material removed from or returned to the site in accordance
with Town requirements for drainage, parking and other Town-required
improvements and also for any and all purposes and improvements other
than those required for compliance with Town requirements. The determination
of the fee to be paid shall be made by the Town Board or the Planning
Board or their designee subsequent to a review of the estimate submitted.
For any and every violation of the provisions of this article,
the owner, general agent or contractor of a building or premises where
such violations have been committed or shall exist, and the lessee
or tenant of the premises where such violation has been committed
or shall exist, and the owner, general agent, contractor, lessee or
tenant of any part of the premises in which part said violation has
been committed or shall exist, and the general agent, architect, engineer,
surveyor, building contractor or any other person who knowingly permits,
takes part in or assists in any such violation or who maintains any
premises in which any such violation shall exist shall be guilty of
an offense against this article. Offenses set forth herein shall be
punishable by a fine of not more than $2,000. Each day's continued
violation shall constitute a separate, additional violation of this
article.
[Adopted 5-16-1978 (Ch. 63 of the 1976 Code)]
It is the purpose of this article to regulate and control the
regrading of land throughout the Town in all use district classifications
in order to prevent serious and irreparable damage to our natural
resources, to minimize and retard the erosive effects of wind and
water, to prevent the depreciation of property values, to prevent
the removal of lateral support for abutting streets, lands and structures,
to prevent damage to natural watersheds, to provide adequate drainage
for surface water runoff and, in general, to protect the health, welfare
and safety of the residents of the Town.
The following standards for the development of land or the regrading thereof, or both, shall apply in all use district classifications as set forth in Chapter
301 of the Code of the Town of Riverhead. In all use district classifications wherein site plan review and approval is required, the site plan submitted shall indicate compliance with the following standards. In all other use district classifications, the procedure required by §
229-14 of this article shall be followed.
A. Stormwater runoff or natural drainage shall not be diverted so as
to overload existing drainage systems, create flooding, cause erosion
or the need for additional drainage facilities on other private or
public real property.
B. Adequate drainage facilities for stormwater runoff shall be provided.
C. Proposed slope embankments along adjoining property lines and street
frontages shall have a slope not steeper than one foot on three feet
33 1/3% unless an adequate stabilization or retaining wall is
provided as approved by the Planning Board. All slopes shall be adequately
stabilized with topsoil and seeding or other approved planting.
D. The finished grade at a point not less than 10 feet from the building
shall be at least one foot below the lowest exterior opening in the
foundation of the habitable portion of the structure, except that
the finished grade may be no less than six inches at a point no less
than 10 feet opposite open porches, patios and pedestrian ramps.
E. Floor elevation. Floor elevations shall comply with the requirements of Chapter
233, Flood Damage Prevention, of the Town of Riverhead Code.
F. Front and rear yards shall have a grade of not more than 5% for a
distance of 25 feet as measured in a horizontal plane from the structure.
Side yards shall have a grade of not more than 10% for a distance
of 10 feet as measured in a horizontal plane from the structure. All
finished grades within 10 feet of the building shall pitch away from
the building at a grade rate of not less than 2%.
G. Where roof runoff from any building or structure will produce erosion
or drainage problems with respect to adjoining properties, dry wells
of adequate capacity shall be installed as an outfall for rainfall
roof runoff.
H. The driveway apron shall be at least one foot below the garage floor
unless natural topography dictates grading away from the street and
protective grading is provided for in the construction of the driveway
with respect to adjoining structures and property.
I. Notwithstanding the foregoing provisions of this section, the appropriate
board may waive or modify compliance with any of the foregoing minimum
standards, subject to appropriate conditions, as in its judgment are
not warranted by the special circumstances of any application or matter
before it or required in the interest of the public health, safety
and welfare.
All applications for a building permit and a certificate of occupancy shall be referred to the Building Inspector or Zoning Administrator for their review and approval pursuant to this article. The Building Inspector or Zoning Administrator may approve, disapprove or approve with modifications the application for a building permit and/or a certificate of occupancy and specify his reasons for taking such action based upon the standards set forth in §
229-13. The applicant may be required to submit a topographical survey prepared by a registered land surveyor or registered professional engineer showing the existing topography, proposed regrading plan, test borings and the proposed structure or other on-site improvements in sufficient detail along with any other information which may be required to determine compliance with this article.